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Parenting

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Changing your childs name via deed poll...

6 replies

CBates · 26/08/2018 17:37

Basically my ex partner is on my little ones birth certificate and is in his name..
He hasn't seen little one in months and hasn't even attempted to bother with him.
He was mentally abusive and rarely spent time with little one whilst he was in hospital and we were together at this point(little one was born prem and had a lengthly stay) we split just after little one was born and after having constant abuse i decided to have a non-molestation order put in place to keep him away from me and little one(i also moved area so he wouldn't know where we were) he even threatened mine and little ones lives and my families lives too.
Basically i am just wondering if anyone has changed their childrens names through deed poll without consent of the father?
Can i get into trouble for this?
Can he still use the original birth certificate?or will the deed poll over-ride that?
I wanted little one in my name in the first place but was forced to the registry office and had no choice pretty much.
I personally cannot see my ex going for any contact,he has a violent background,takes drugs,drinks and his family also have a background of violence and drugs..
Basically i’m just wondering if the deed poll would in a way ‘replace’ the original birth certificate,i know obviously the original exists but can it still be used if the name has been changed?
Help/advice is appreciated.
Thankyou in advance

OP posts:
dementedpixie · 26/08/2018 18:09

As far as i know you need permission from all with parental responsibility so if he's on the birth certificate you can't do it unless you get a court order.

CBates · 26/08/2018 18:24

@dementedpixie
I have seen that you can do it online seemingly without any permission. I’m not sure if anything needs to be signed etc..

OP posts:
Spea28 · 26/08/2018 18:42

My situation is the same as yours apart from my child's father has been out of the picture for 5.5 years.... I have enquired previously about changing the surname and have been told that they need permission to change the surname from all parents on the birth certificate, even if there is no contact and you don't know where they are then it will need to go to court to which the court will seek contact from the absent parent. I have not gone down this route because I know he will not agree even though he has no contact by choice, does not pay and has not paid a penny.....
But I believe you can change a surname without the above because you have a non molestation order, you will have to give the deed poll details of all abuse, the order etc for them to grant the name change without permission, I know people who have successfully done it this way and I also know people where it has been denied.
I personally have just put on school forms and doctors etc that the surname is 'xyz' but their preferred name is 'abc' and my child is known as 'little abc'. They can change their names when they are old enough if they wish.

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CBates · 26/08/2018 19:17

@Spea28
I am going to contact the courts and go about it that way. I don’t think they need to inform him for this, the court basically makes their decision based on what has gone on etc..so fingers crossed i am sucessful with this, i also have fears of him taking little one although he’s not actually carried anything out its a concern as he can’t even look after himself and little one has health issues(has had them from birth) he has never provided a thing and hasn't seen little one for months. I was going to ask my solicitor to ask him but i can gaurentee he won’t agree(even though he never wanted little one from the moment he found out i was pregnant)
Thankyou for replying,hopefully i get somewhere with this

OP posts:
Spea28 · 26/08/2018 19:59

@CBates
You will have to keep us posted as I'm sure this will not be the first or last time someone queries this.
I hope you do get to change it for your little ones sake.

CBates · 26/08/2018 20:19

@Spea28
I will keep you updated,going to contact the courts this week. And i hope so too, we need protecting from that man

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